Research On Problems And Countermeasures Of Disposing Property In Criminal Cases

In the middle of the 20 th century,a wave of human rights protection led by procedural justice emerged in the world.In particular,Western developed countries pay more attention to the protection of human rights through procedural justice.With the deepening of China's reform and opening up,the public's concept of the rule of law has been continuously strengthened,and the quality of the rule of law has been continuously improved.In this era,both the government and society have to focus their attention on the issue of human rights protection.Our country's experts and scholars are influenced by the thought of justice of social procedure in the West,and also begin to explore the possibility of protecting human rights through perfect procedure.In the field of criminal procedure,many experts and scholars in theory and practice have conducted a lot of research on how to protect citizens 'basic human rights through legal procedures in the field of criminal procedure.However,from the theoretical research and judicial practice of criminal procedure,the protection of the personal rights of citizens is the main concern of our society.The attention and attention to property rights is lagging behind,and there is no comprehensive human rights protection system and system in the field of criminal procedure.The reasons for this problem include the influence of the traditional concept of "heavy entity and light procedure" in criminal proceedings in our country,as well as the influence of insufficient theoretical research,legislative defects,low legal literacy of law enforcement personnel,and weak civil legal consciousness.The author thinks that the legislation and system design of the property involved in criminal proceedings in our country are not perfect,the system design is relatively simple,and the relief procedure for the property involved in criminal proceedings is lacking.In accordance with the spirit of the Constitution,both personal rights and property rights are fundamental rights of citizens and should be equally protected.Therefore,this article focuses on the protection of property rights in criminal proceedings,analyzes the problems and reasons in the disposal of property involved in criminal cases in China,and studies the basic concepts,scope,and current situation of the disposal of property involved in criminal cases at home and abroad.We will establish the basic principles and value orientations for the disposal of property involved in criminal cases,standardize the handling of property involved by judicial organs at the legislative level,refine the procedures for the disposal of property involved in criminal cases,and improve the relief procedures for the disposal of property involved in criminal cases.In order to provide a comprehensive set of effective measures to solve the difficult problem of disposal of property involved in criminal cases,protect citizens 'property rights and interests,and achieve fairness and justice in the field of judicial practice.